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Fixico v. Fixico

Supreme Court of Oklahoma
Mar 12, 1940
186 Okla. 656 (Okla. 1940)

Summary

interpreting Oklahoma law as "inhibiting] a contract, designation of a power, and waiver of a right by [a mentally] incompetent person"

Summary of this case from 718 Assoc. v. Banks

Opinion

No. 29428.

March 12, 1940.

(Syllabus.)

INSANE PERSONS — Incompetent's antenuptial contract void and not validated by acquiescence of guardian or court whereby necessaries are furnished incompetent's minor son's family.

An antenuptial contract entered into by an incompetent person is void. Acquiescence therein by guardian or court whereby necessaries out of incompetent's estate are furnished incompetent's minor son's family, including plaintiff, does not validate such a contract.

Appeal from District Court, Okmulgee County; S.L. O'Bannon, Judge.

Action by Annie Fixico against Katie Fixico, nee Daniels, an incompetent, and her guardian, John T. Cole. Judgment for defendants, and plaintiff appeals. Affirmed.

J. Harry Swan, of Okmulgee, for plaintiff in error.

E.J. Gilder and Q.D. Gibbs, both of Okmulgee, for defendants in error.


This is an appeal from a judgment sustaining a demurrer to plaintiff's petition and dismissing the action. Appellant contends the action sounds in tort, but it approaches breach of contract.

Defendant is an incompetent Indian. It is alleged that she induced plaintiff to marry her minor son under promise of provision of a home and sustenance, and that these were furnished with acquiescence of defendant's guardian and the county court. Defendant's son died in 1935; three years thereafter it is alleged defendant rendered plaintiff's condition intolerable by "breaking said contract," making efforts to obtain possession of the home of plaintiff, and sought to oust plaintiff and her two children from the home, the use of which defendant had furnished, and as a means to this end "had the water, lights, and gas cut off."

Section 9404, O. S. 1931, sec. 24, title 15, Okla. Stats. Anno., inhibits a contract, designation of a power, and waiver of a right by an incompetent person. Therefore, any contemplated contract attempted to be made as herein alleged vested in plaintiff nothing, nor did acquiescence of guardian or court in providing living expense or home for plaintiff bind the incompetent defendant.

Judgment affirmed.

OSBORN, HURST, DAVISON, and DANNER, JJ., concur.


Summaries of

Fixico v. Fixico

Supreme Court of Oklahoma
Mar 12, 1940
186 Okla. 656 (Okla. 1940)

interpreting Oklahoma law as "inhibiting] a contract, designation of a power, and waiver of a right by [a mentally] incompetent person"

Summary of this case from 718 Assoc. v. Banks

In Fixico v. Fixico, 186 Okla. 656, 100 P.2d 260, the statute was held to preclude enforceability of a purported contract entered into by one judicially declared an incompetent, although such contract had been acquiesced in by the guardian and the county court.

Summary of this case from In re Guardianship of Campbell
Case details for

Fixico v. Fixico

Case Details

Full title:FIXICO v. FIXICO et al

Court:Supreme Court of Oklahoma

Date published: Mar 12, 1940

Citations

186 Okla. 656 (Okla. 1940)
100 P.2d 260

Citing Cases

National Life Ins. Co. v. Jayne

Under this section where a person has been adjudged incompetent, any conveyance or other contract attempted…

In re Guardianship of Campbell

This statute (section 24, supra,) has been applied in several cases. In Fixico v. Fixico, 186 Okla. 656, 100…